Heard Sri Umang Agrawal, holding brief of Sri Arun Sinha, learned counsel for applicant, Sri Shiv Kumar Yadav, learned counsel representing opposite party No.2 as well as learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been moved by the applicant with the prayer to quash the charge sheet submitted in pursuance of Case Crime No.0016/2017, P.S.Talkatora, District Lucknow, under Sections 189,354D,504,506 I.P.C. along with all consequential proceedings.
Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submit that the instant FIR was lodged by the opposite party no.2 against the applicant only on account of some misunderstanding as at the relevant point of time the applicant was posted as Constable and opposite party no.2 was posted as Sub Inspector of Police and the FIR has been lodged stating therein that the applicant was making phone calls to the opposite party no.2 and was talking in an obscene manner as also was threatening her.
It is further submitted by them that both the parties to the dispute are Government Servants and they have now settled the matter by entering into a compromise and vide terms of the compromise it has been stipulated that the opposite party no.2 shall not prosecute the applicant and they have amicably settled the disputes.
It is also submitted that since the dispute between the parties was of professional jealousy and the same was not having any impact either on the society or the public at large, the same is purely of personal nature and in compliance of directions of this Court, the parties have appeared before the learned Senior Registrar on 9.8.2021 and have also verified the terms of the compromise. Thus in the background of the compromise, all the proceedings pending before the trial court is nothing but the abuse of the process of law and the same be quashed.
Learned A.G.A. will also have no objection, pertaining to the fact that the dispute is purely personal in nature and both parties were Government Servants at relevant point of time.
Having heard learned counsel for parties and having perused the record it is evident that at relevant time the applicant was posted as Constable while the opposite party no.2 was posted as Sub Inspector of Police, however it is now claimed that the FIR was lodged by the opposite party no.2 due to some misunderstanding and since both the parties are still in government service and they have consciously entered into a compromise and amicably settled the dispute, which is of personal nature and the alleged offence was not of the nature where public at large or society in general is affected, the proceedings of the case pending before the court below be quashed.
The terms of the compromise has already been verified by the parties in front of learned Senior Registrar, who has submitted a report to this Court dated 9.8.2021 pertaining to the verification of the compromise by the parties. Since the dispute between the parties are purely of personal in nature and the parties have settled their dispute by filing a compromise before the learned Senior Registrar, who has verified the compromise and the alleged offence is not such whereby the conscience of public at large or of the society is shocked, keeping in view the law laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012)10 SCC 303, Shiji and others Vs. Radhika and others Manu/ SC/1341/2011, Manoj Sharma Vs. State of U.P. (2008)16 SCC1, Narinder Singh Vs. State of Punjab reported in (2014)6 SCC 466, Yogendra Yadav Vs. State of Jhakhand reported in (2014) 9 SCC 653 as well as in a recent case decided by Hon'ble the Supreme Court on 4.10.2017 passed in Crl. Appeal No. 1723 of 2017, arising out of SLP (Crl.) No. 9549 of 2016 Parbatbhai Aahir @ Parbatbhai, Bhimsingh Bhai Karmur and others Vs. State of Gujrat reported in (2017) 9 SCC 641, the proceedings of above mentioned Case Case Crime No.0016/2017, P.S.Talkatora, District Lucknow, under Sections 189,354D,504,506 I.P.C. are hereby quashed and the application filed by the applicant under Section 482 Cr.P.C. is allowed.
Order Date :- 24.8.2021 Irfan